The Presidency Small Cause Courts Act `1882
An Act to consolidate and amend the law relating to the Courts of Small Causes established in the Presidency-towns.
List of Chapters & Sections
PRELIMINARY
CONSTITUTION AND OFFICERS OF THE COURT
- 5Courts of Small Causes established
- 6Court to be deemed under superintendence, etc., of High Court
- 7Appointment of Judges
- 8Rank and precedence of Judges
- 8APerformance of duties of absent Judge
- 9Procedure and practice of Small Cause Court
- 10Chief Judge to distribute business of Court
- 11Procedure in case of difference of opinion
- 12Seal to be used
- 13Appointment of Registrar and other officers
- 14Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees
- 15Judge or other officer not to practise or trade
LAW ADMINISTERED BY THE COURT
JURISDICTION IN RESPECT OF SUITS
- 17Local limits of jurisdiction of Court
- 18Suits in which Court has jurisdiction
- 18APlaintiff may abandon suit against defendant resident out of jurisdiction
- 19Suits in which Court has no jurisdiction
- 19AReturn of plaint
- 20Court may by consent try suits beyond pecuniary limits of jurisdiction
- 21Suits by and against officers of Court
- 22Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court
PROCEDURE IN SUITS
- 23Repealed
- 24No written statement except in cases of set-off
- 25Return of documents admitted in evidence
- 26Compensation payable by plaintiff to defendant in certain cases
- 27Decree-holder to accompany officer executing warrant
- 28Things attached to immovable property and removable by tenant to be deemed movable in execution
- 29Discharge of judgment-debtor on sufficient security
- 30Court may in certain cases suspend execution of decree
- 31Execution of decree of Small Cause Court by other Courts
- 32Minors may sue in certain cases as if of full age
- 33Power to delegate non-judicial duties
- 34Registrar to hear and determine suits like a Judge
- 35Registrar may execute all decrees with the same powers as a Judge
- 36Decrees and orders of Registrar to be subject to new trial as if made by a Judge
NEW TRIALS AND APPEALS
RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY
- 41Summons against person occupying property without leave
- 42Service of summons
- 43Order for possession
- 44Such order to justify bailiff entering on property and giving possession
- 45Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings
- 46Liability of applicant obtaining order when not entitled
- 47Stay of proceedings on occupant giving security to bring suit against applicant
- 48Proceedings to be regulated by Code of Civil Procedure
- 49Recovery of possession no bar to suit to try title
DISTRESSES
- 50Local extent of Chapter
- 51Appointment of bailiffs and appraisers
- 52Appointees to be public servants
- 53Application for distress-warrant
- 54Issue of distress-warrant
- 55Time for distress
- 56What places bailiff may force open
- 57Property which may be seized
- 58Impounding distress
- 59Inventory
- 60Application to discharge or suspend warrant
- 61Claim to goods distrained made by a stranger
- 62Power to award compensation to debtor or claimant
- 63Power to transfer to High Court cases involving more than one thousand rupees
- 64Appraisement
- 65Sale
- 66Costs of distresses
- 67Account of costs and proceeds
- 68Bar of distresses except under this Chapter
REFERENCES TO HIGH COURTS
FEES AND COSTS
MISCONDUCT OF INFERIOR MINISTERIAL OFFICERS
CONTEMPT OF COURT
MISCELLANEOUS
- 89Persons by whom process may be served
- 90Registers and returns
- 91Court to furnish records, etc., called for by State Government or High Court
- 92Holidays and vacations
- 93Certain persons exempt from arrest by Court
- 94No suit to lie upon decree of Court
- 95Place of imprisonment
- 96Tender in suit for anything done under Act
- 97Limitation of prosecutions